Jesse A. Witten

About

Jesse A. Witten defends health care providers, pharmaceutical manufactures and other clients in the health industry against fraud and abuse matters in government investigations and litigation, particularly False Claims Act matters. Jesse also assists clients in internal corporate investigations and self-disclosures to the government of regulatory violations and Medicare/Medicaid overpayment. He counsels clients on compliance with Anti-Kickback Statute and Stark Law and laws governing the sale and marketing of medical devices and pharmaceutical products.

Before joining Drinker Biddle, Jesse served as a Deputy Associate Attorney General in the U.S. Department of Justice, where he co-chaired the DOJ's health care fraud task force. He also served as a Deputy Assistant Attorney General in the DOJ Environment and Natural Resources Division. Jesse was previously a partner with an international law firm.

In 2016, Jesse received the National Congress of American Indians’ (NCAI) Special Recognition Award for his work in Blackhorse v. Pro-Football, Inc., a case in which Drinker Biddle lawyers represent five Native American individuals seeking to cancel the trademark registrations of the Washington professional football team.

Jesse taught a Health Law course at George Washington University and is a frequent speaker at health care conferences. He has published numerous articles on Medicare fraud enforcement and health care compliance topics.

Experience

Defense of government investigations and enforcement actions alleging Medicare/Medicaid fraud. Jesse has defended hospitals and other providers accused of violating the Anti-Kickback Statute and Stark Law, reporting unallowed costs on Medicare cost reports, DRG upcoding, inflating charges to obtain excess Medicare outlier reimbursement, billing Medicare Part A for patients who did not satisfy inpatient criteria and other alleged fraud. He has also defended medical device manufacturers accused of illegal financial relationships with physicians and marketing non-FDA-approved devices, and pharmaceutical manufacturers accused of reporting false prices to Medicare and Medicaid.

Jesse Witten represents healthcare providers on a range of compliance and litigation matters, as well as investigations and fraud and abuse issues. Sources describe him as ‘an excellent practitioner,’ with another adding: ‘He is very knowledgeable, thorough and can cut to the heart of the issues very quickly.'

Chambers USA (2018)

Jesse Witten is ‘one of the smartest lawyers I've worked with,’ according to one interviewee, who adds that he ‘has a good, tenacious approach to representing his clients.’ He is recognized for his strong fraud and abuse practice, offering particular experience in defending against False Claims Act proceedings.